The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-12-14
HARPER'S ASSISTANT.
BENJAMIN e. HOPKINS TRIAL BE-
GUN YESTERDAY.
Prosecution Expects to Show that the
Defendant NiseppiIed Over $500, 600
OF the Fidelity Bank Funds--A Chi
cago Broker Testifes.

cago Broker Testifies.
CNcINSATi, o., Dec. l3.-The trial OF
Benjamin T.. Hopkins late assistant cash
Ter of the Fidelity National bank, began
this morning in the United States court,
Judge Sage presiding alone The court
passed upon the denurrers which had
been argued, and struck out six of the
forty or fifty counts, which cover prac-
tically the same acts. The indictment, as
II remains, WAS stated in substance TO the
defendant TO be n charge Of misapplica-
ton Of the funds OF the Fidelity National
bank and OF making false entries in the
books OF the bank To this the defendant
pleaded not guilty. The jurors summoned
were then called and sworn to answer
questions touching their fitness to serve on
this trial. The slow process OF their ex-
animation then began.
Assistant District Attorney J. T.. Bruce
conducts the prosecution. MIR. Warner
i. Bateman appears for the defendant.
Mr. Hopkins is attended by his son and
two daughters and Mr.. 0Kceic. his SON
in-law. He has been 40 well known in
Cincinnati by nearly all kinds of people
that the courtroom was again filed with
spectators. lie refers with pardonable
pride 10 the fact that in his long semi-pub-
lie life here this is the first time serious
charge has been made against him, and
claims he can now prove his innocence.
Ten of the jurymcn are farmers, one il
stock dealer and the twelfth book binder.
Mr.. Bateman demanded bill Of par
ticulan Of the specific transactions upon
which the alleged ofenses named in the
iirst count are based The court will rule
upon this tomorrow.
Mr.. Bruce, for the government, then
stated that they expected TO show that
Hopkins had mt one time misapplied $780,
0O0 OF the Fidelity banks funds and S70,-
900 at another time; that he had drawn
personal checks upon the bank for large
sums when he had no fundsto draw upon,
and that he had made false entries in the
books OF the bank representing 81 900, 900,
used in the Wiltshire wheat deal.
Mr. Bateman. for the defense, said they
would prove that the defendant was not
aware OF what was being done in the bank;
that he signed improper drafts when
handed him with others by Harper, not
knowing their natur.
Frank A. armstrong. now employed in
the Cincinnati postoilice, but recently q
broker, testified that in March last the de-
PENDANT met him on change and made an
appointment TO meet him ut Boman's,
where Hopkins arranged 10 have witness
buy him 200 bushels Of wheat in Chi
cago on q 2-cent margin Witness took
the order, and Hopkins gave him $1,000
.t OF the Fidelity bank on the Meiropo-
Titan bank OF Chicago. Hopkins said the
deal was not for himself. but WIS for n
strong party whom he could not name
Chicago called for more margin and wit
ness sought Hopkins, who could give him
no answer until hb saw his principal IL
was not I'LL 4 or 1880 O'Clock that Hop
kins told him 10 sell out the wheat, which
he did. making n lass Of 81 He paid
the proceeds 10 Hopkins in currency ut
the bank AT Hopkins request.
John L. SnOdguss, Of Chicago, n dealer
| in grain and provisions, was next called,
| Tie was asked To state n conversation lac
had with Mr.. Hopkins In February las,
! here. but the defense objected. The jury
was sent out while the court inquired what
| the testimony was, and then ruled IL COM
pcicnt. Mr. Snodgrass went on 10 say that
| Hopkins told him lac was wanting some
one in Chicago to manage for friend ut his
who WINS amply able, deal or corner"
! in wheat; that they" M he named the
unknown hacker or hackers, wanted 10
buy on 2-cenl margin aud give New York
exchange at the close OF every day rs
might he required by the state Of the
| market Witness said he could not close
! the arrangement until he went TO Chicago
! and consulted his firm. Next day hc had
telegram from Mr. Hopkins, signed
Ben, saving. III YOU can comply with
our conversation buy million bushels May
wheat, and 100000 more every cent
/ break" Witness said this conversation
was February - last, aud the Telegram
was next day.
On crnsscXaminaiion he said he did
nothing ON that nrlcr that he replied Ia
the telegram In person, telling Hopkins
that his firm wanted mon margin, and
must know who was the principal. Hop.
kins said thew wcir Others who would do
the business on the terms he wished, aud
N the matter was dropped.
Mr.. Batcman witches every point that
will enable him Ia hnrass the prosecution,
with view 81 breaking the iorco q III,
testimony. lie il evidently determined e
make the lcst legal iigh, for hrs client that
can be- made. In the matter Of this wit
ness testimony he drew out all three o
the government counsel In the argument
| Adjourned.